RESOLUTION NO. 6911
A RESOLUTION DECLARING CERTAIN STRUCTURES TO BE UNSAFE OR DANGEROUS, DIRECTING THAT SAID STRUCTURES BE REPAIRED OR REMOVED, AND FIXING A REASONABLE TIME WITHIN WHICH ACTION SHALL COMMENCE, ALL IN ACCORDANCE WITH K.S.A. 12-1750 ET SEQ., AS AMENDED AND CHAPTER 5, ARTICLE 11 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2009 EDITION AND AMENDMENTS THERETO.
WHEREAS, a hearing was held by the Governing Body, in accordance with the provisions of Resolution No. 6907 and K.S.A. 12-1750 et seq., as amended and Chapter 5, Article 11 of the Code of the City of Lawrence, Kansas, 2009 Edition and amendments thereto, in the City Commission Room, on November 16, 2010, at which time and place the owner, the owner’s agent, and lien holders of record and any occupant having an interest in the structures, located on the following premises in the City of Lawrence, Douglas County, Kansas, to-wit:
PENNSYLVANIA STREET LT 110 & N1/2 LT 112 (U00189 & 191 COMBINED 1988), commonly known as 1200 Pennsylvania Street
were free to appear and show cause why such structures should not be condemned and ordered repaired or demolished; and
WHEREAS, Resolution No. 6907 of the Governing Body of the City of Lawrence, Kansas, was first published on October 1, 2010 with a second publication of October 8, 2010; and
WHEREAS, pursuant to K.S.A. 12-1752, a copy of said Resolution No. 6907 was mailed by certified mail within three (3) days of its first publication to the owner of record of said structure; and
WHEREAS, pursuant to K.S.A 12-1752 at least thirty (30) days have elapsed between the said publication of the said resolution and the date for the hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
Section 1. The above recitals are incorporated herein as if fully set forth.
Section 2. The structures for the purpose of this Resolution and as defined in K.S.A. 12-1750, is commonly located at 1200 Pennsylvania Street, Lawrence, Kansas 66044 and legally described as follows:
PENNSYLVANIA STREET LT 110 & N1/2 LT 112 (U00189 & 191 COMBINED 1988), commonly known as 1200 Pennsylvania Street
Section 3. Pursuant to K.S.A. 12-1753, the Governing Body of the City of Lawrence, Kansas, has heard all evidence submitted by the owner, the owner’s agent, lien holders of record and occupants having an interest in such structure, as well as evidence submitted by the enforcing officer who filed the written statement provided for by K.S.A. 12-1750 et seq., as amended and further pursuant to Chapter 5, Article 11 of the Code of the City of Lawrence, Kansas, 2009, edition, and finds that the house and the accessory structure (garage) are unsafe or dangerous structures and orders the repair or demolition of the structures to be completed by December 17, 2010. If repairs are not made or the structures are not removed by the owner; the City of Lawrence will proceed with the demolition of the structures.
Section 4. Pursuant to K.S.A. 12-1753, the Governing Body orders the property owner of such structures to initiate commencement of the removal of the house and accessory structure (garage) and orders that the premises be made safe and secure within the time period stated in Section 3 herein.
Section 5. Pursuant to K.S.A. 12-1753 and K.S.A. 12-1755, if the property owner fails to comply with Section 3 or Section 4 herein or fails to diligently prosecute the same until the work is completed, the Governing Body shall cause the house and accessory structure (garage) to be razed and removed as unsafe or dangerous structures.
Section 6. Pursuant to K.S.A. 12-1755, the City shall keep an account of the cost of such work and may sell salvage from the structures and apply the proceeds or any necessary portion thereof to pay the cost of removing such structures and making the premises safe and secure. All moneys from the salvage in excess of that necessary to pay demolition and removal costs and the cost of publications of notice and any postage for mailing of notice, shall, after payment of all costs, be paid to the owner of the premises upon which the structures are located.
Section 7. Pursuant to K.S.A. 12-1755, the City shall give notice to the owner of the structures of the total cost incurred by the City in removing such structures and making the premises safe and secure and the cost of providing notice. If the cost is not paid within 30 days following receipt of notice, the cost shall be collected in the manner provided by K.S.A. 12-1,115 or shall be assessed as a special assessment against the property, all pursuant to K.S.A. 12-1750 et seq. and amendments thereto.
Section 8. The City Clerk is hereby authorized to provide for the publication (1) one time, of this Resolution in the official newspaper of the City and shall mail by certified mail a copy to the owners, agents, and lien holders of record and occupants of said structure within three (3) days after the publication of the Resolution.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 16th day of November, 2010.
APPROVED:
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Mike Amyx, Mayor
ATTEST:
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Jonathan M. Douglass, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni Ramirez Wheeler Date
Director of Legal Services